Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938766847.pdf (Trinidad and Tobago)
Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol.

59, No.

116, 6th July, 2020 Fifth Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.

18 of 2020 [L.S.]

BILL AN ACT to amend the Domestic Violence Act, Chap.

45:56 to provide for emergency protection orders and for related matters [Assented to 3rd July, 2020] 1.

This Act may be cited as the Domestic Violence Short title (Amendment) Act, 2020.

2.
2.

In this Act, “the Act” means the Domestic Violence Act.

3.

Section 3 of the Act is amended— Interpretation Chap.

45:56 Section 3 amended 536 No.
18 Domestic Violence (Amendment) 2020 (a) by renumbering the section as subsection (1); (b) by inserting the following definitions in the appropriate alphabetical sequence: “ “adoption order” has the meaning assigned to it under section 2 of the Adoption of Children Act; “adult” means a person who is eighteen years of age and over; “Care Order” means an order made the section 25C of under Children’s Authority Act; “Children Court” has the meaning assigned to it under section 3(1) of the Family and Children Division Act, 2016 (Act No.
6 of 2016); “Children’s Attorney” has the mean- ing assigned to it under section 3 of the Children Act; “Children’s Home” has the meaning assigned to it under section 2 of the Children’s Community Residences, Foster Care and Nurseries Act; “dating relationship” means a relationship where the parties do not live together in the same household, but may be engaged in romantic, intimate or sexual relations; “domestic relationship” means the relationship between a respondent and a person, where the person— (a) is, in relation to the respondent— (i) a spouse or former spouse; No.
18 Domestic Violence (Amendment) 2020 537 (ii) a cohabitant or former cohabitant; (iii) a child; (iv) a dependant; (v) a relative; (vi) a person who has agreed to marry the respondent whether or not that agreement has been terminated; (b) is or was, in relation to the respondent— (i) a person in a visiting relationship; or (ii) a person in a dating relationship; related (c) would be a relative of the respondent, by marriage, if the respondent and a person referred to in paragraph (a)(ii) were married to each other; (d) is a member of the same household as the respondent or the applicant; (e) has a child in common with the respondent; or (f) is an adult in a residential institution and the respondent is— (i) an owner or, a manager or employee of the institution; or (ii) a volunteer or a in person engaged 538 No.
18 Domestic Violence (Amendment) 2020 employment at the institution; “Family Court” has the meaning assigned to it by section 3(1) of the Family and Children Division Act, 2016; “Register” means the National Domestic Violence Register established under section 21(1); “relative”, in relation to a person, means any of the following who is related to the person by consanguinity, affinity or adoption: (a) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; (b) a son, daughter, grandson, granddaughter, stepson, step- or daughter, daughter-in-law; son-in-law (c) a brother, sister, half-brother, half-sister, stepbrother, step- sister, brother-in-law or sister-in-law; (d) an uncle, aunt, uncle-in-law or aunt-in-law; (e) a nephew or niece; or (f) cousin; “representative”, in relation to a dependant or an adult in a residential institution, means— (a) an Attorney-at-law; or (b) a person appointed by the Court; No.
18 Domestic Violence (Amendment) 2020 539 “residential institution” means premises, other than a hospital or other medical institution, used for the purpose of caring for and housing of adults, including persons with mental or physical disabilities and elderly persons; “responsibility” has the meaning assigned to it under section 3 of the Children Act; “social worker” means a public officer experienced or qualified in social work or a person experienced or in social work and qualified employed on contract by the State; “Wardship Order” means an order made under section 35 of the Family Law (Guardianship of Minors, Domicile and Maintenance) Act”; (c) by deleting the definition of “applicant” and substituting the following definition: “ “applicant” means a person— (a) who applies on his own behalf; (b) on whose behalf an applica- tion is made; or (c) who applies through another person, for a Protection Order under section 4;”; (d) by deleting the definition of “child” and substituting the following definition: “ “child” means a person under the age of eighteen years who is not or has not been married and— 540 No.
18 Domestic Violence (Amendment) 2020 (a) who is in a relationship of consanguinity or affinity with— (i) the applicant; (ii) the respondent; (iii) a spouse or former spouse of the respondent; (iv) a cohabitant or former cohabitant of the respondent; or (v) a relative of respondent; the (b) who is in relation to a person referred to in paragraph (a)(i) to (iv) — (i) an adopted child; (ii) the subject of an adop- tion order and who is in the care and control of the person seeking the adoption order; (iii) a foster child or has been a foster child; (iv) the subject of a Fit Person Order; or (v) treated as a child of the family; (c) in relation to whom a person referred to in paragraph (a)(i) to (iv) is his guardian; (d) for whom a person referred to in paragraph (a)(i) to (iv) has responsibility; (e) who ordinarily or periodically resides or resided with a No.
18 Domestic Violence (Amendment) 2020 541 person referred to in para- graph (a)(i) to (iv); (f) who would be in a relation- ship of affinity with the respondent if the respondent and a person referred to in paragraph (a)(iv) were able to be married; (g) in respect of whom a Care Order or a Wardship Order has been made; or (h) who resides in a Children’s Home, where the respondent is a Manager or employee of, engaged in employment at, or a volunteer at, the Children’s Home;”; (e) in the definition of “Clerk”, by deleting after the word “means”, the words “the Clerk or Deputy Clerk of the Court” and substituting the words “the Registrar of the Supreme Court, Deputy Registrar of the Supreme Court, Assistant Registrar of the Supreme Court, Senior Magistracy Registrar and Clerk of the Court or Magistracy Registrar and Clerk of the Court;”; (f) in the definition of “cohabitant”— (i) by deleting after the words “a person who”, the words “has lived with or”; and (ii) by inserting after the words “that person”, the words “and “former cohabitant” shall be construed accordingly;”; (g) in the definition of “Court”, by inserting after the word “means”, the words “the High Court or”; 542 No.
18 Domestic Violence (Amendment) 2020 (h) by deleting the definition of “dependant” and substituting the following definition: “ “dependant”, in relation to a respondent, means an adult— (a) who, by reason of physical or mental disability, age or infirmity; or is (b) under the age of twenty-five years who receiving education at an educational institution or undergoing training trade, for profession or vocation and who, a is reliant for his welfare on either the respondent or a person with whom the respondent is in a domestic relationship; (i) in the definition of “domestic violence”, by deleting all the words after the words “committed by” and substituting the words “a respondent against a person who is in a domestic relationship with the respondent;”; (j) by deleting the definition of “emotional or psychological abuse” and substituting the following definition: “ “emotional or psychological abuse” means— (a) any act, omission or a pattern of behaviour of any kind, the purpose of which is to under- mine the emotional or mental well-being of a person who is in a domestic relationship with the respondent including— (i) intimidation by the use of abusive or threatening language; No.
18 Domestic Violence (Amendment) 2020 543 (ii) giving offensive mate- rial to that person or leaving it where it will found by, or be brought to the atten- tion of the person; (iii) following the person from place to place; (iv) depriving that person of the use of his property; (v) the surveilling, watching or besetting, by any means, of the person or of the place where the resides, person works, carries on business or happens to be; (vi) interfering with or damaging the property of the person; (vii) the forced confine- ment of the person; (viii) making unwelcome or intimidatory contact with the person by any means, including in person, verbally or by gesture, letter, telephone or electronic means; (ix) disseminating intimate the images of 544 No.
18 Domestic Violence (Amendment) 2020 the applicant or a child of applicant electronically or by any other means; (x) making unwelcome or intimidatory contact with or acting in any manner described in subparagraphs (i) to (v) towards— (A) a child or dependant of the person; (B) a spouse or f o r m e r spouse of the person; (C) a cohabitant or former cohabitant of the person; (D) a relative of the person; (E) a person who is in a visiting or dating rela- t i o n s h i p with the person; or (F) a person who is in a close rela- t i o n s h i p with the person, No.
18 Domestic Violence (Amendment) 2020 545 by any means, including in person, verbally or by gesture, letter, telephone or electronic means; (xi) preventing a person from making or keep- ing connection with his family or friends; (xii) any other controlling, threatening, intimi- dating or coercive behaviour towards the person or his child or dependant; (xiii) behaviour referred to in subsection (2); or (b) any act or omission or threatened act or omission that causes the person to fear for his safety or the safety of a child or dependant;”; (k) by deleting the definition of “guardian” and substituting the following definition: “ “guardian”, in relation to a child, includes— (a) a person appointed to be his guardian by deed or will, or by order of a court of competent jurisdiction; (b) a person who has custody of that child within the meaning of Law (Guardianship of Minors, Domicile and Maintenance) Act; and Family the (c) any person who, in the opinion of a Court, has 546 No.
18 Domestic Violence (Amendment) 2020 responsibility child;”; for the (l) by deleting the definition of “member of house- hold” and substituting the following definition: “ “member of the same household”, in relation to an applicant or a respondent, means a person who ordinarily or periodically resides in the same dwelling house as the applicant or respondent and— (a) is related to the applicant or respondent by consanguinity, affinity or adoption; (b) is or has been the subject of— (i) an order under section 9 or 13 of the Family Law (Guardianship of Minors, Domicile and Maintenance) Act; or (ii) a Fit Person Order or a Foster Care Order under section 25 of the Children’s Authority Act; or (c) is or has been treated like a child of the family;”; (m) in the definition of “Minister”, by deleting after the words “responsibility for”, the words “Social Development and Family Services” and substituting the words “gender affairs”; (n) in the definition of “parent”, by deleting after the words “child,”, the word “dependent” and substituting the word “dependant”; (o) in the definition of “sexual abuse”— No.
18 Domestic Violence (Amendment) 2020 547 (a) by deleting after the words “includes sexual”, the word “contact” and substituting the word “conduct”; and (b) by inserting after the words “Sexual Offences Act”, the words “or the Children Act”; (p) by deleting the definition of “spouse” and substituting the following definition: “ “spouse” means a party to a marriage and “former spouse” shall be construed accordingly;”; and (q) by inserting after subsection (1), as inserted, the following subsections: “(2) Subject to subsection (3), a person emotionally or psycho- logically abuses a child if that person— (a) causes or allows the child to see or hear, or experience the effects of; or (b) puts the child, or allows the child to be put, at real risk of seeing, hearing or experiencing the effects of, the physical or sexual abuse of, or any behaviour described in sub paragraphs (i) to (xi) of the definition of “emotional or psycho- logical abuse” in subsection (1) in relation to, a person with whom the child has a domestic relation- ship.
(3) The person who suffers that abuse shall not be regarded, for the purposes of this subsection, as 548 No.

18 Domestic Violence (Amendment) 2020 having caused or allowed the child to see, hear or experience the effects of the abuse, or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing, hearing or experiencing the effects of the abuse.”.

Section 4 repealed and substituted 4.

Section 4 of the Act is repealed and substituted as follows: “4.
(1) An application for a Protection Order may be made by a person in a domestic relationship with the respondent, on the ground that the respondent engaged in domestic violence against that person.

(2) A child who is under the age of sixteen years shall apply for a Protection Order through— (a) a parent, a guardian, a person with responsibility for the child or a person who is in loco parentis to the child; (b) an adult member of his household; or (c) the Children’s Authority.
(3) A child who is sixteen years of age or over may apply for a Protection Order on his own behalf or through a person referred to in subsection (2).

(4) Notwithstanding subsection (3), the Court may, on the application of a child on his own behalf under subsection (3), make an order requiring the child to conduct proceedings through a person referred to in subsection (2)(a) or (b).

No.
No.

18 Domestic Violence (Amendment) 2020 549 (5) An adult in a residential institution, or a dependant may apply for a Protection Order on his own behalf.

(6) Notwithstanding subsection (5)— (a) a spouse or former spouse; (b) a cohabitant or former cohabitant; (c) an adult member of his household; (d) a relative; or (e) a representative, may apply for a Protection Order on behalf of an adult in a residential institution or a dependant.
(7) Notwithstanding subsections (2), (3) and (6)— (a) a police officer; (b) a probation officer; (c) a social worker; (d) the Children’s Authority; or (e) a person who, in the opinion of the Court, is acting in the interest of the child, may apply for a Protection Order on behalf of any person referred to in subsection (1).
(8) Notwithstanding subsection (7), where a police officer, probation officer or social worker has reason to believe that a child has suffered or is in imminent danger of physical injury at the hands of another person in a situation amounting to domestic violence, he shall forthwith apply for a Protection Order on behalf of the child.

(9) Where, during any proceedings, the Court becomes aware that a child has suffered, is suffering or is likely to suffer 550 No.
18 Domestic Violence (Amendment) 2020 from domestic violence, the Court may issue a Protection Order in respect of that child.”.

Section 5 amended 5.
Section 5 of the Act is amended— (a) in subsection (1)— (i) by deleting after the words “the Court”, the word “determines” and substituting “is satisfied”; the words (ii) by inserting after the words “probabilities, that”, the words “a person has engaged, is engaging or is likely to engage, in conduct that constitutes”; and (iii) by deleting after the words “domestic violence”, the words “has occurred, it” and substituting the words “, the Court”; and (b) by inserting after subsection (2), the following subsection: “(3) A Court shall not refuse to grant an Interim Order or Protection Order on the basis only that a single act or omission or a single threat has been made by the respondent.”.
Section 6 amended 6.

Section 6 of the Act is amended— (a) in subsection (1)— (i) in paragraph (a), by deleting sub- paragraph (vii) and substituting the following subparagraphs: “(vii) approaching a named person who is in a domestic relationship with the applicant or the respondent; No.
18 Domestic Violence (Amendment) 2020 551 (viii) causing or encouraging another person to engage in conduct referred to in para- graphs (i) to (vii); or (ix) any other prohibition that the Court thinks fit; and”; and (ii) by repealing paragraph (b); (iii) by renumbering paragraph (c) as paragraph (b); (iv) in paragraph (b), as renumbered— (A) in subparagraph (vi), by deleting after the words “in respect of”, the words “rent or mortgage payment” the substituting and words “rent, mortgage or utilities”; (B) in subparagraph (vii), by inserting after the words “person;”, the word “or”; and (C) in subparagraph (viii)— (I) by deleting before the word “receive”, the word “both” and substi- tuting the word “child”; (II) by deleting the full stop after the “writing”, word and substituting the words “; and”; and 552 No.
18 Domestic Violence (Amendment) 2020 (v) by inserting after paragraph (b), as renumbered, the following para- graph: “(c) direct that the applicant immediately occupy any place or residence, whether or not the residence is jointly owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant.”; (b) by inserting after subsection (1), the following subsection: “(1A) The Court may— (a) refuse the respondent any contact with child, if it is shown that contact is not in the best interest of the child; or such (b) order structured contact between the respon- dent and a child.”; (c) in subsection (3), by deleting after the word “subsection”, the words “(1)(c)(viii)” and substituting the words “(1)(b)(viii)”; (d) in subsection (4), by deleting after the word “subsection”, the words “(1)(c)(ii)” and substituting the words “(1)(b)(ii)”; and (e) in subsection (5), by deleting after the word “award”, the words “compensation not exceeding fifteen thousand dollars” and substituting the words “such compensation as the Court thinks fit”.
No.

18 Domestic Violence (Amendment) 2020 553 7.

The Act is amended by inserting after section 6, Section 6A amended the following section: “Protection Order to apply to child 6A.

A Protection Order granted to an applicant shall apply to a child of the applicant or the respondent, unless the Court orders otherwise.”.

8.
The Act is amended in section 7— Section 7 amended (a) by renumbering the section as subsection (1); (b) in subsection (1)(g), as renumbered, by deleting all the words from the word “the”, inclusive, and substituting the words “where applicable, any risk assessment ordered under subsection (2);”; and (c) by inserting after subsection (1), as renumbered, the following subsection: “(2) Without prejudice to the power of the Court to grant an Interim Order or a Protection Order on the basis only that a single act or omission or a single threat has been made by the respondent, the Court may, for the purposes of determining whether or not to grant a Protection Order or to impose one or more of the prohibitions or directions specified under section 6, order a police or social worker to submit such risk assessment as may be prescribed by regulations.”.
9.

Section 8 of the Act is amended— Section 8 amended (a) in subsection (1), by deleting all the words “proceedings,” and after the words substituting the following: “— (a) if it appears necessary or appropriate to do so in order 554 No.
18 Domestic Violence (Amendment) 2020 to ensure the safety and protection of the applicant; or (b) where, at the second hearing the application, an of adjournment is required— (i) by the Court; or (ii) on account of— (A) the failure to effect service on the respon- dent or any other party; or or (B) any act omission by the respondent.”; (b) in subsection (3), by deleting all the words after the word “Order” and substituting the following: “shall remain in force until— (a) it is revoked; (b) the application for a Protection Order is with- drawn or dismissed; or (c) a Protection Order is made.”; and (c) in subsection (5)— (i) in the chapeau, by deleting before the words “an Interim Order”, the word “Where” and substituting the words “Subject to section 19A, where”; and (ii) by repealing paragraph (a).
Section 9 amended 10.

Section 9(1) of the Act is amended by inserting after the word “before”, the words “, during or after”.

No.

18 Domestic Violence (Amendment) 2020 555 11.


Section 10 of the Act is amended— Section 10 amended (a) in subsection (1), by deleting after the words “shall be”, the words “made on the prescribed form, being “Form 1”” and substituting the words “in the form set out as “Form 1””; (b) by inserting after subsection (1), the following subsections: “(1A) An application referred to in subsection (1) may be accompanied by evidence given on affidavit in the form set out as “Form 1A” in the Second Schedule.
(1B) It is not necessary to call a person who made an affidavit pursuant to subsection (1A), to give evidence unless a party to the proceedings or the Court so requires.”; (c) in subsection (2), by inserting after the word “proceedings”, the words “in a Court of Summary Jurisdiction”; and (d) by deleting subsection (4) and substituting the following subsections: “(4) Where an application is made on behalf of a child— (a) a parent of the child; (b) a guardian of the child; (c) a person with responsi- bility for the child; or (d) a person who is in loco parentis to the child, is entitled to be a party to the proceedings.
(4A) Where an application made on behalf of a dependant— is 556 No.

18 Domestic Violence (Amendment) 2020 (a) a parent of the dependant; (b) a guardian of the dependant; (c) a person with whom the dependant normally resides; or (d) a person with whom the dependant resides on a regular basis, is entitled to be a party to the proceedings.”.

Section 11 amended 12.
Section 11 of the Act is amended— (a) by renumbering the section as sub- section (1); (b) in subsection (1), as renumbered, by deleting before the word “Clerk”, the word “The” and substituting the words “Subject to subsection (2), the”; and (c) by inserting after subsection (1), as renumbered, the following subsection (2): “(2) Where the Court makes an order for substituted service under section 12(1C), the Clerk shall fix a date for the hearing of the applica- tion which shall be no more than twenty-one days after the date on which the application is filed.”.
Section 12 amended 13.

Section 12 of the Act is amended— (a) by repealing subsection (1) and substituting the following subsections: “(1) The Court shall cause a copy of an application for a Protection Order, together with the notice of the date on which, and the time and No.

18 Domestic Violence (Amendment) 2020 557 place at which, the application is to be heard, to be served personally on the respondent.
(1A) The Court shall not require an application for a Protection Order or notice of the date on which, and the time and place at which, an application for a Protection Order is to be heard, to be served on the respondent by the applicant or through an agent of the applicant.
(1B) Where the Court directs or otherwise causes a person to serve in sub- documents referred to section (1), the Court shall— (a) where the person is not a police officer, provide the person with copies of the documents; or (b) where the person is a police officer, provide the officer in charge of the police station to which the police officer is assigned, with copies of the documents, and direct the person to serve the documents within five days of his receipt of the documents.
to serve (1C) Where a person who is required documents pursuant to subsection (1B) is unable or otherwise fails to effect service on the respondent, within five days after his receipt of those documents— 558 No.
18 Domestic Violence (Amendment) 2020 (a) he shall, within two days, file a notice in the form set out as “Form the Second 1B” Schedule informing the Clerk of his failure to effect service; in (b) the Clerk shall immedi- ately bring the notice to the attention of a Judge or Magistrate; and (c) the Judge or Magistrate shall make an order for substituted service.”; (b) in subsection (2), by deleting after the word “proceedings”, the words “shall be issued on the form described” and substituting the words “under subsections (1) or (3), shall be in the form set out”; (c) in subsection (3), by deleting all the words after the words “served on –” and substituting the following: “(a) a parent or guardian of, a person with responsibility for, or a person who is in loco parentis to, the child; or (b) a parent or guardian of the dependant, or a person with whom the dependant normally resides or resides with on a regular basis, and subject to subsection (1A), the Court may cause service to be effected by the applicant or through an agent of the appli- cant, or by such other person as the Court may direct.”; (d) in subsection (4)— No.
18 Domestic Violence (Amendment) 2020 559 (i) by deleting after the word “served”, the words “under the Summary Courts Act”; and (ii) by deleting all the words after the word “application”; and (e) in subsection (5)— (i) by deleting before the words “notice of proceedings”, the word “A” and substituting the words “Subject to subsection (1A), a”; and (ii) by deleting after the words “affi- davit in”, the words “in accordance with form, described” and substituting the words “the form set out”.
prescribed the 14.

Section 14 of the Act is amended in paragraph (a), by deleting after the word “application”, the words “; or” and substituting the words “, unless the application is accompanied by evidence on affidavit in accordance with section 10(1A);”.

Section 14 amended 15.
Section 16 of the Act is amended— Section 16 amended (a) by renumbering the section as subsection (1); (b) in paragraph (a)— (i) by deleting before the words “shall arrange”, the word “clerk” and substituting the word “Clerk”; and (ii) by deleting after the words “drawn up”, the words “on the prescribed form, described” and substituting the words “in the form set out”; (c) in paragraph (b)— (i) in the chapeau, by deleting after the word “shall”, the words “cause a copy of the Order to be served on” and substituting the words “, subject to subsection (2), direct or 560 No.
18 Domestic Violence (Amendment) 2020 otherwise cause a person to serve a copy of the Order on”; (ii) in subparagraph (ii), by deleting after the word “proceedings;”, the word “and”; (iii) in subparagraph (iii), by deleting after the word “respondent”, the words “or applicant resides.” and substituting the words “resides;”; and (iv) by inserting after subparagraph (iii), the following subparagraphs: “(iv) on the police officer in charge of the station in the area where the applicant resides, if the applicant does not reside the area referred to in subpara- graph (iii); in (v) the police officer in charge of the station in the area nearest to where the applicant works, if different from where he lives; and (vi) the police officer in charge of the station in the area where any child attending school.”; is (d) in repealing paragraph (c); (e) by inserting after subsection (1), as renumbered, the following subsections: “(2) The Court shall not require an Order to be served on the No.
18 Domestic Violence (Amendment) 2020 561 respondent by the applicant or through an agent of the applicant.

(3) Where the Court directs or otherwise causes a person to serve an Order pursuant to subsection (1), the Court shall direct the person to serve the Order within three days.
is (4) Where a person who required to serve an Order pursuant to subsection (1) is unable or other- wise fails to effect service on the respondent within the period specified in subsection (3)— (a) he shall, within two days, file a notice in the form set out as “Form 1B” in the Second Schedule, informing the Clerk of his failure to effect service; (b) the Clerk shall immediately bring the notice to the attention of a Judge or Magistrate; and (c) the Judge or Magistrate shall make an order for substituted service.”.
16.

The Act is amended in section 17(1)— Section 17 amended (a) by deleting after the words “to serve notice of proceedings or”, the word “the” and substituting the words “of the Protection Order or the Interim”; (b) by deleting after the words “may make an”, the word “Order” and substituting the word “order”; and (c) by inserting after the words “service of the 562 No.

18 Domestic Violence (Amendment) 2020 notice of proceedings or”, the words “of the Protection Order or the Interim”.
Section 19 amended 17.

Section 19 of the Act is amended— (a) in subsection (1), by deleting after the word “Court”, the words “on the form described” and substituting the words “in the form set out”; and (b) in subsection (2), by inserting after the words “Order,”, the words “in the form set out as “Form 6” in the Second Schedule,”.

Part IVA inserted 18.

The Act is amended by inserting after section 19, the following Part: “Part IVA Emergency Protection Orders”.

Section 19A inserted 19.


The Act is amended by inserting after the new Part IVA, as inserted, the following section: “Emergency application 19A.
(1) Notwithstanding section 10(1), where a Court is not sitting or it is not practicable for the applicant to access the Court under section 8, (a) a police officer of or above the rank of Assistant Superintendent; or (b) where the application relates to a child, the Children’s Authority, may, on behalf of the applicant, make an emergency application to a Master or Judge of the Family Court or Children Court for a Protection Order where the applicant is in a domestic relationship with the respondent and has suffered, or is in imminent danger of, serious physical injury at the hands of the respondent.
No.

18 Domestic Violence (Amendment) 2020 563 (2) An emergency application under subsection (1) may be made by telephone, video conference or other appropriate electronic means.
(3) Where a Judge or Master of the Family Court or Children Court is satisfied that the urgency of the circumstances referred to in subsection (1) so requires, he may— (a) dispense with the requirement for an application for a Protection Order under section 10(1) and proceed to hear the emergency application; and (b) grant an Interim Order in accordance with section 8.
(4) Where a Judge or Master grants an Interim Order under sub- section (3), he shall order the police officer to cause— (a) the application for the Protection Order to be filed in such Court as the Judge or Master may direct, in a period of within forty-eight hours of the making of the Interim Order or on the date of the next sitting of the Court after the expiration of that period; and (b) the Interim Order be served on the respondent, forthwith.

564 No.
564 No.

18 Domestic Violence (Amendment) 2020 (5) The Court referred to in sub- section (4) shall summon the applicant and the respondent to appear for the hearing of the matter as soon as possible after the filing of the application for the Protection Order.”.

Section 20 amended 19A.
The Act is amended in section 20— (a) in subsection (1)(b)— (i) in subparagraph (i), by deleting all the words after the word “fine” and substituting the words “of fifty thousand dollars and to imprisonment for one year”; (ii) in subparagraph (ii), by deleting all the words after the word “fine” and substituting the words “of one hundred and fifty thousand dollars and to imprisonment for three years”; and (iii) in subparagraph (iii), by deleting all the words after the words “to a” and substituting the words “fine of two hundred and fifty thousand dollars and to imprisonment for five years”; and (b) in subsection (2)— (i) by deleting the words “sub- section (1)(c)(viii)” and substituting the words “section 6(1)(c)(viii)”; and (ii) by deleting the words “not exceeding three” and substituting the words “of six”.
No.

18 Domestic Violence (Amendment) 2020 565 20.

The Act is amended by inserting after section 20, Section 20A inserted the following section: “Court may make Protection Order when victim is in serious physical harm 20A.
(1) Notwithstanding sections 4 and 10, where a Court convicts a person of a serious criminal offence, the Court may, where the victim is in a domestic relationship with the convicted person and with the consent of the victim— (a) make a Protection Order against convicted the person for the protection of the victim; or (b) where a Protection Order is, at the time of the proceedings, already in force against the convicted to person the victim, extend the duration of the Protection Order.
in relation (2) Notwithstanding section 6(9), a Protection Order referred to in sub- section (1) may be made or extended for a period exceeding three years, taking into consideration the need to protect the victim, following any period of imprisonment imposed by the Court.

(3) A “serious criminal offence” means any offence listed in the Third Schedule.”.

21.
21.

The Act is amended by deleting after section 20A, as inserted, the heading “Part VI Police Powers of Entry and Arrest” and substituting the following heading: Part VI heading deleted and substituted “Part VI National Domestic Violence Register for Domestic Violence Complaints and Duty of Police Officers to Respond”.

566 No.

18 Domestic Violence (Amendment) 2020 Section 21 amended 22.
Section 21 of the Act is amended— (a) by deleting the marginal note and substituting the following marginal note: “National Domestic Violence Register”; (b) repealing subsection (1) and substituting the following subsection: “(1) The Commissioner of Police shall establish and maintain, in electronic form, a National Domestic Violence Register.”; (c) in subsection (2), by deleting all the words after the words “part of” and substituting the words “the Register”; (d) by inserting after subsection (2), the following subsection: “(2A) The Commissioner of Police shall ensure that all Orders and domestic violence reports are entered in the Register.”; (e) in subsection (3)— (i) in the chapeau, by deleting after the word “form”, the word “pre- scribed” and substituting the words “set out”; and (ii) in paragraph (a), by deleting after the word “the”, the word “name” and substituting the word “names”; and (f) by inserting after subsection (3), as renumbered, the following subsections: “(4) The Register shall be accessible to police officers in each police station but shall not be accessible to the public.
No.

18 Domestic Violence (Amendment) 2020 567 (5) The Commissioner of Police shall have control and custody of the Register and shall be responsible for— (a) maintaining the Register; entered (b) ensuring that information the into is Register in accordance with this Act and any other written law; and (c) ensuring that the informa- the tion entered into Register is accurate.
(6) The Commissioner of Police shall make reasonable security arrangements to protect the informa- in the Register tion contained against unauthorised access, collec- tion, misuse, alteration, disclosure or disposal.
(7) Any person who intentionally lawful excuse or and without alters, extracts, justification removes, reproduces, shares or uses any information contained in the Register, commits an offence and is liable on summary conviction to a fine of one hundred and fifty to imprisonment for three years.”.

thousand dollars and 23.

The Act is amended by inserting after section 21, Section 21A inserted the following section: “Duty of police officer 21A.
(1) A police officer shall— (a) respond to every complaint or report alleging domestic violence; 568 No.

18 Domestic Violence (Amendment) 2020 (b) make a detailed record of every complaint or report alleging domestic violence made in person or by electronic means; and (c) provide the person making the complaint or report with a copy of the record.

(2) A police officer shall investi- gate every complaint or report alleging domestic violence.”.

Section 22 amended 23A.


The Act is amended in section 22, by deleting the word “Magistrate” and substituting the word “Court”, wherever it occurs.

Section 25 amended 24.
The Act is amended in section 25— (a) in subsection (2), by deleting after the word “Court” all the words from the word “is” to the word “it”, inclusive; (b) in subsection (3), in paragraph (b), by deleting after the words “that the”, the word “parties” and substituting the word “respondent”; and (c) in subsection (4)— (i) paragraph (a), by inserting after the word “complainant”, the words “or a child who is the subject of an application for a Protection Order”; and (ii) in paragraph (b), by inserting after the word “complainant”, the words “or a child who is the subject of an application for a Protection Order.”.
Section 26 repealed 25.

The Act is amended by repealing section 26.

No.

18 Domestic Violence (Amendment) 2020 569 26.

The Act is amended by inserting after section 26, Section 26A inserted the following section: “Mandatory reporting of suspected domestic violence 26A.
(1) Subsection (2) applies to a person— (a) who— as (i) has actual custody, charge or control of; (ii) has, for a special purpose, his attendant, employer, teacher or caregiver, or in any other capacity, temporary custody, care, charge or control of; (iii) resides with; or (iv) is a medical practi- tioner, registered nurse or midwife, and has attended to or performed a medical examination in respect of, an adult who by reason of physical or mental disability, age or infirmity is dependent on another person or a child; or (b) who is a social worker.
(2) A person to whom this sub- section applies, who has reasonable grounds to believe that a person has engaged, is engaging or is likely to engage, in conduct that constitutes domestic violence against an adult who by reason of physical or mental disability, age or infirmity is dependent on another 570 No.

18 Domestic Violence (Amendment) 2020 person or a child, shall report the grounds for his belief to a police officer as soon as reasonably practicable.
(3) Any person who, without reasonable excuse, fails to comply with the requirements of subsection (2), commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars and to imprisonment for seven years.”.

Section 27 amended 27.
Section 27 of the Act is amended— (a) in subsection (1)— (i) in paragraph (b), by deleting after the word “child”, the words “where the defendant or victim of the alleged offence has custody of that child”; and (ii) in paragraph (c), by deleting all the words from the word “the”, inclusive, and substituting the words “where applicable, any risk assessment ordered under subsection (1A); and”; (b) by inserting after subsection (1), the following subsection: to “(1A) Without prejudice the power of the Court to grant bail, the Court may, for the purposes of determining whether or not to grant bail, order a police officer to submit such risk assessment as may be prescribed by regulations.”; and (c) in subsection (2)— (i) in paragraph (b), by deleting after the word “victim”, the words “resides or works” and substituting the words “resides, works or attends school”; and No.
18 Domestic Violence (Amendment) 2020 571 (ii) in paragraph (c), by deleting after the word “victim”, the words “resides or works” and substituting the words “resides, works or attends school;”.

28.

The Act is amended by inserting after section 30, Section 31 inserted the following sections: “Regulations 31.

(1) The Minister may make regulations to give effect to the provi- sions of this Act.

Rules of Court (2) Regulations made under this Act shall be subject to negative resolution of Parliament.

32.
32.

The Rules Committee established under section 77 of the Supreme Court Act may make Rules of Court for carry- ing this Act into effect.

Amendment of Forms 33.

(1) The Chief Justice may, by Order, amend Forms 1 to 6 in the Second Schedule.

(2) The Minister to whom responsibility for national security is assigned may, after consultation with the Minister, amend Form 7 in the Second Schedule, by Order.

Amendment of First and Third Schedules 34.


The Minister may, by Order resolution of subject Parliament, amend the First Schedule or the Third Schedule.

to negative Annual report 35.

The Minister shall cause to be laid in both Houses of Parliament, annually, a report on the administration of this Act.”.

572 No.

18 Domestic Violence (Amendment) 2020 First Schedule amended 29.

The Act is amended in the First Schedule— (a) in the heading “Summary Offences Act, (Ch.
11:02)”— (i) by deleting after the words “Section 5”, the words “Violent or obscene language or disturbance of the peace, Section 49”; and (ii) by deleting after the words “Section 75”, the words “Misuse of telephone facilities and false telegrams, Section 106”; and (b) in the heading “Children Act, (Ch.
46:01)”, by deleting all of the words from the word “Punishment” to the words “and 8” and substituting the following words: “Prevention of cruelty to children, Section 4 Exposing children to risk of burning, Section 6 Injury or death by ammunition, Section 7 firearm or Causing, encouraging or favouring seduction or prostitution of young girls, Sections 3, 4, 5, 6, 7 and 8 Offence of female mutilation, Section 9 Offence of aiding, abetting, coun- selling or procuring a girl to engage in female mutilation, Section 10 Sexual penetration of a child, Section 18 Sexual touching of a child, Section 19 Causing or inciting a child to engage in sexual activity, Section 21 Causing or inciting a child to engage in sexual activity with an animal, Section 22 No.
18 Domestic Violence (Amendment) 2020 573 Giving a child a dangerous drug, Section 36 Using a child to sell, buy or deliver a dangerous drug, Section 38.”.

30.

The Act is amended in the Second Schedule— Second Schedule amended (a) by inserting after Form 1, the following forms: “FORM 1A DOMESTIC VIOLENCE ACT (CH.
45:56) AFFIDAVIT IN SUPPORT OF APPLICATION REPUBLIC OF TRINIDAD AND TOBAGO In the District of ..…………………………………………....………… I, ............................................................................................................ (Name of Applicant) of ........................................................................................................... (Address) make oath and say as follows: 1.

I am the Applicant herein.

2.


The facts and matters deposed to in this Affidavit are made of my own knowledge and I certify that I believe that the facts stated in this Affidavit are true.

3.

My relationship with the Respondent is ……………………….... 4.

The circumstances which gave rise to this application are that: …………………………………………………………………..................... ………………………………………………………………………………... 5.

I made a complaint/A complaint was made on my behalf by ………………………………… at ……………………….. Police Station.
(Name of Complainant) (Name of Police Station) A copy of a report dated ……... is annexed hereto and marked …….. (Date of Report) 574 No.

18 Domestic Violence (Amendment) 2020 Sworn to be the Deponent ………………………………………………... (Name of Deponent) at ……………………….. on the ……….

day of ………………………... Before me ...................................................... Justice or Clerk of the Peace of the Magistrate’s Court for the District.

; and FORM 1B DOMESTIC VIOLENCE ACT (Chap.


45:56) NOTICE OF FAILURE TO EFFECT SERVICE OF PROCESS REPUBLIC OF TRINIDAD AND TOBAGO In the District of …………………………….......................................
I, ............................................................................................................ (Name of Applicant) of ........................................................................................................... (Address) hereby give notice that the document described below has not been served on the respondent ………………………………………………… (Name of Respondent) for the reasons outlined below.
Sworn to by me ........................................................ the above-named (Name of Deponent) Deponent this ............ day of ........................................., 20………….. ............................................................. Justice or Clerk of the Peace of the Magistrate’s Court for the District”; and (b) by deleting the word “County”, wherever it the word appears, and substituting “District”.

Third Schedule inserted 31.


The Act is amended by inserting after the Second Schedule, the following Schedule: No.

18 Domestic Violence (Amendment) 2020 575 “THIRD SCHEDULE OFFENCES AGAINST THE PERSON ACT, CHAP.
11:08 Conspiring or soliciting to commit murder, Section 5 Attempted murder, Section 9 Shooting or wounding with intent to do grievous bodily harm, Section 12 Inflicting injury with or without a weapon, Section 14 Attempting to choke, etc., in order to commit an indictable offence, Section 15 Administering poison, etc., so as to endanger life or inflict grievous bodily harm, Section 17 Exposing children so that life endangered, Section 21 SEXUAL OFFENCES ACT, CHAP.
11:28 Rape, Section 4 Grievous sexual assault, Section 4A Incest, Section 9 Sexual intercourse with a mentally subnormal person, Section 12 CHILDREN ACT, CHAP.
46:01 Causing or encouraging the seduction, prostitution or sexual penetration of a child, Section 12 Sexual penetration of a child, Section 18 Sexual touching of a child, Section 19 Causing or inciting a child to engage in sexual activity, Section 21 Luring a child, Section 25 Sexual communication with a child, Section 25A Sexual grooming of a child, Section 25B TRAFFICKING IN PERSONS ACT, CHAP.
12:10 Trafficking in persons, where a sexual assault was committed against the trafficked person, Section 16 Inciting, organising or directing another person to traffic in persons, where a sexual assault was committed against the trafficked person, Section 17 576 No.
18 Domestic Violence (Amendment) 2020 Trafficking in children, where a sexual assault was committed against the trafficked child, Section 18 Inciting, organising or directing another person to traffic in children, where a sexual assault was committed against the trafficked child, Section 19 Transporting a person for the purpose of exploiting that person’s prostitution, Section 23”.

Passed in the Senate this 22nd day of June, 2020.


B. CAESAR Clerk of the Senate Passed in the House of Representatives this 24th day of June, 2020.

J. SAMPSON-MEIGUEL Clerk of the House House of Representatives amendments were agreed to by the Senate this 29th day of June, 2020 B. CAESAR Clerk of the Senate PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, CARONI REPUBLIC OF TRINIDAD AND TOBAGO—2020